Discrimination, Harassment, and Sexual Violence Policy

Scope: Lesley University CommunityPolicy Statement: Lesley University respects the dignity of every individual and expects students, employees (faculty, adjunct faculty, and staff), vendors, vendor employees, and guests to respect each other. The University’s Community Standards of Conduct describes the University’s general expectations of conduct.

This Policy addresses the University’s aim to provide an environment that is free of discrimination and harassment, including sexual harassment and sexual violence. Discrimination and harassment are unlawful, undermine the basic principles of the Lesley community, and are strictly prohibited.

Lesley forbids discriminatory or harassing conduct that is based on an individual's race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws.

Discrimination on the basis of sex is unlawful under several federal and state laws, including Title IV and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Massachusetts General Laws, Chapter 151B, §4, Massachusetts General Laws Chapter 151C, §2, and Massachusetts General Laws, Chapter 214, §1C, and is strictly prohibited by Lesley.

Sexual harassment, including sexual violence, is a form of sex discrimination that is illegal under federal and Massachusetts laws. Sexual harassment, sexual violence, domestic violence, dating violence, or stalking committed by students or employees, whether on or off campus, or by any individual on Lesley's campus or within its programs or activities, violates this policy. State and federal laws also provide criminal penalties for those convicted of acts of sexual violence.

Through this policy, Lesley intends to provide broader protections from discrimination and harassment than are afforded by state or federal laws. Accordingly, Lesley may take disciplinary or corrective actions pursuant to this policy for discriminatory or harassing misconduct which does not rise to the level of a violation of law.

Discrimination is defined as treating an individual differently in the terms or conditions of his or her employment or education on the basis of his or her race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws.

Harassment is defined as verbal, physical, or other conduct such as threats, physical force, slurs, bullying, cyber bullying, stalking, discriminatory treatment, or other conduct directed toward an individual's race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, membership in Uniformed Services, and all other categories protected by applicable state and federal laws, that has the purpose or effect of:

Causing a reasonable person to feel humiliated or intimidated;

Impeding or interfering with academic status, academic performance, education, work status, or work performance;

Creating an intimidating, offensive, or hostile environment in the residential hall, learning environments such as the classroom, work environment, or cyber environment;

Interfering with an individual's participation in the University community; and/or

Causing a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.

Sexual harassment is a form of harassment defined as unwelcome sexual advances, requests for sexual favors and all other verbal or physical conduct of a sexual nature when:

Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual's academic advancement, employment, or participation in Lesley's programs or activities;

Submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting such individual, or decisions affecting such individual's participation in Lesley's programs or activities; or

Such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, education, or participation in Lesley's programs or activities, or of creating an intimidating, hostile, or offensive environment in which to learn or work.

Sexual harassment may occur regardless of the intention of the person engaging in the conduct. Sexual harassment may occur regardless of whether the individuals involved are of the same or a different sex.

While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct which may, depending upon the circumstances, constitute sexual harassment:

Use of sexual epithets, verbal or written references to sexual conduct, gossip regarding an individual's sex life, or comments concerning an individual's body, sexual activity, deficiencies, or prowess.

Displaying sexual objects, pictures, or cartoons.

Offensive, suggestive, or obscene letters, notes, emails, and invitations of a sexual nature.

Leering, patting, grabbing, pinching, and brushing against the body, sexual gestures, or suggestive or insulting comments.

Inquiries into an individual's sexual activities.

Assault or coerced sexual acts.

Romantic or sexual relationships between individuals who are also in employment, academic, or professional relationships are inherently problematic, and in some cases are prohibited. Romantic or sexual relationships between students and employees (including faculty) are prohibited. For detailed information, please refer to Lesley University's Unequal Consensual Relationships Policy.

Sexual violence is a form of sexual harassment.

Sexual violence means having sexual contact with someone who does not consent to the sexual contact.

Silence or lack of resistance does not constitute consent. Consent can be revoked at any time; a person can change her or his mind about continuing with the sexual contact.

Consent can never be given by someone who is

under the age of 16

drunk, drugged, unconscious, asleep, or incapacitated for any other reason

It is against the law and against University policy to have sexual contact with someone who does not give her or his consent or who is incapable of giving consent.

Massachusetts law states: “Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense…shall be punished by imprisonment in the state prison for life or for any term of years.”

Sexual violence may occur regardless of the intention of the person engaging in the conduct. Sexual violence may occur regardless of whether the individuals involved are of the same or a different sex.

While it is not possible to list all circumstances that may constitute sexual violence, the following are some examples of conduct which may constitute sexual violence:

Unwanted physical touching

Sexual assault (the threat of violence)

Sexual battery (physical violence such as bruising or forceful detainment)

Sexual coercion (harassment, bullying, or coercion of a sexual nature)

Stalking means engaging in conduct directed at a specific person that would cause a reasonable person

to fear for his or her safety or the safety of others; or

suffer substantial emotional distress.

Domestic violence means violence committed by

a current or former spouse or intimate partner of the victim,

a person with whom the victim shares a child in common,

a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,

a person similarly situated to a spouse of the victim under state domestic or family violence laws, or

any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:

the length of the relationship;

the type of relationship; and

the frequency of interaction between the persons involved in the relationship.

As used in this policy, the term sexual violence is broader than the statutory definitions for the crimes of sexual assault, sexual battery, sexual coercion, and rape, which are also prohibited by this policy. Consequently, a person found not guilty of a crime of sexual violence, such as rape, could still be found to have violated Lesley's policy against sexual violence.

Reporting an Incident

Who can submit a complaint and against whom may a complaint be submitted?

A discrimination or harassment complaint may be submitted by any employee (including any faculty member) and any student under Lesley's Complaint Resolution Procedures. Reports of discrimination or harassment may be submitted by others, including a student’s parents or a third party. A complaint may be filed against anyone – employee against employee, student against student, student against faculty, employee against a person outside the University, or student against a person outside the University.

Report incidents of discrimination, harassment, sexual harassment, or sexual violence to any one of the following people:

Reports of discrimination, harassment, sexual harassment, or sexual violence may also be made to:

Lesley University Public Safety Department – 617.349.8888

Cambridge Police Department – 911

Boston Police Department – 911

All members of the Lesley University who experience or witness an incident of sexual harassment, sexual violence, domestic violence, dating violence, or stalking are encouraged to report such incident.

Lesley University encourages everyone to report discrimination and harassment immediately; delayed reporting may diminish the University's ability to investigate and respond effectively to the report.

Lesley University will assist complainants in notifying law enforcement authorities if they choose. Complainants have the right not to notify law enforcement authorities. All complainants will receive written notification of their rights under Lesley University policy. Preserving evidence of domestic violence, dating violence, sexual assault, or stalking may be important to future criminal, civil, or disciplinary proceedings.

Support Services

In addition to the four persons noted above, the University offers a variety of support services and other resources to students and employees:

Any manager who witnesses an incident or receives a complaint of discrimination or harassment must immediately contact any of the University officers listed above.

Accordingly, a manager's failure to report discrimination or harassment may warrant disciplinary action, up to and including dismissal from employment at the University. A manager's failure to report may also lead to personal liability under law.

Student and Employee Responsibility

Everyone at Lesley University has the responsibility to ensure that our environment is free from discrimination and harassment. We expect members of our community to avoid any behavior that could reasonably be interpreted as discriminatory or harassing, and to report any observations of discrimination or harassment.

Any student who witnesses discrimination or harassment must immediately contact any of the University officers listed above or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.

Any student who believes that he or she has been subject to discrimination or harassment should contact any of the University officers listed above or any member of the office of Residential Life, coaches, athletic director, or any member of the Dean of Student Life and Academic Development staff.

Any employee who witnesses an incident or receives a complaint of discrimination or harassment must immediately contact any of the University officers listed above or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President.

Any employee who has been subject to discrimination or harassment should contact any of the University officers listed above or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President.

Investigation of Complaints, Interim Measures, and Corrective Action

Investigations

When Lesley receives a complaint, it is obligated by law to investigate the matter, and will promptly, thoroughly, and impartially investigate complaints in a fair and expeditious manner. Lesley investigates to determine what occurred and then takes appropriate steps to resolve the situation. For detailed information on the procedure, please refer to Lesley University's Complaint Resolution Procedures.

The University will investigate all incidents occurring on Lesley University property. Further, the University will investigate all incidents involving University sponsored programs or University vehicles regardless of whether the incidents occur on University property.

With respect to complaints of sexual harassment, sexual discrimination, sexual violence, domestic violence, dating violence, and stalking, persons who have received relevant annual training will investigate the complaints, make findings, and determine sanctions, if any.

An investigation by the University of a complaint of sexual discrimination, harassment, or violence is different from any police or government investigation, and a police or government investigation does not relieve the University of its independent Title IX obligation to investigate the conduct. University investigations and disciplinary actions are also different from police and government investigations, and such investigations may not relieve the University of its obligations and authority under this and other policies to investigate the conduct. The University takes steps to prevent the recurrence of any discrimination or harassment and to correct its effects on the complainant and others, as appropriate.

At the discretion of the investigator and as set forth in the Complaint Resolution Procedures, the complainant and the accused may have an advisor present during his or her interview, but neither may have legal counsel present. Both the complainant and the accused will receive simultaneous, written notice of the findings of the investigation, appeal procedures, and the results of any appeal.

Interim Measures

As described in more detail in the Complaint Resolution Procedures, the University may decide to take interim safety measures during an investigation, such as involuntary removal and no-contact orders, or to take other restorative and preventative measures, such as education, training, monitoring, counseling, etc.

Corrective Actions

If the University determines that one of its policies was violated, the University may impose sanctions including no-contact orders, suspension, or dismissal from the University, in addition to criminal sanctions pursued by the state and law enforcement. Sanctions are determined according to a preponderance of the evidence standard. In addition, the University cooperates and collaborates in the enforcement of protective orders, no-contact orders, restraining orders, or similar orders issued by a criminal or civil court.

Where possible, the University will assist persons complaining of domestic violence, dating violence, sexual assault, or stalking by separating the parties. Where possible and warranted, the University will also seek to change academic, living, transportation, and work situations at the complainant’s request. Such accommodations are available regardless of the complainant’s choice to report the crime to University officials or law enforcement.

Duty of Good Faith

Lesley University prohibits any member of the Lesley community from knowingly or recklessly bringing a false complaint against another member of the Lesley community. Any such action can lead to disciplinary action, up to and including dismissal from the University or dismissal from employment with the University.

Protection against Retaliation

Retaliation is unlawful. Lesley University does not permit retaliation against any individual who makes a report pursuant to this policy or who cooperates in the investigation of such reports.

Any student found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from Lesley University.

Any employee found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from employment at Lesley University.

Confidentiality

Reasonable efforts are be made to protect the privacy and confidentiality of all parties during the investigation without compromising the thoroughness of the investigation or fairness to the parties, and consistent with and subject to the University's need to investigate the complaint and/or implement any disciplinary action. Lesley will take reasonable steps to investigate and respond to the complaint consistent with a complainant's request for confidentiality or request not to pursue an investigation. If a complainant insists that his/her name or other identifiable information not be disclosed to the alleged perpetrator, Lesley will inform the complainant that Lesley's ability to respond may be limited.

State and Federal Remedies: Students and employees are encouraged to report claims internally. However, individuals may choose to file a complaint with the government agencies set forth below.

Please note that the timing and conditions of the University's investigation may be affected by external factors beyond its control, including lawsuits and investigations by law enforcement agencies.

Lesley University is an equal opportunity, affirmative action educator and employer. The foregoing Discrimination, Harassment, and Sexual Violence Policy is not intended to create a contract between Lesley and its students, employees or other persons. Lesley reserves the right to amend or revoke its policies at any time without notice.

None of these University policies, individually or together, is intended to create a contract between the University and any person or organization. The University reserves the right to amend or revoke any University policy at any time without notice.